Shahadat v. State of U.P

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14057 of 2021

Applicant :- Shahadat Opposite Party :- State Of U.P Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Shamim Ahmed,J.

Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record.

This application has been filed seeking the release of the applicant on bail in Case Crime No. 06 of 2021, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District Rampur.

The chief plank of the submissions made on behalf of accused is that in all cases which have been made the basis to impose the provisions of Gangster Act against the accused, he has already been granted bail by the Court. Contention is that the provisions of the Act have been ill-used by the Police in order to perpetuate the detention of the applicant in jail anyhow even though the offence under the aforesaid Act is not made out. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to demonstrate that the alleged previous offences which are said to have been committed by the applicant can at the most be said to be stray incident of breach of law having no nexus with the definition of a gangster as has been provided in the Act.

Further submission is that as it has been mentioned in paragraph 8 of the affidavit filed in support of the bail application that the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has also been pointed out that the accused is in jail since 23.09.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.